Ex parte EARLE et al. - Page 8




          Appeal No. 98-1354                                                          
          Application 08/218,507                                                      


          as broadly claimed. We note that the examiner took official                 
          notice in the final rejection that battery operated tools are               
          old and well known (page 5 of Paper No.6).                                  


              It is also appellants’ view that there is no carriage at               
          all in the Hanaway document for carrying a motor and cutter                 
          (brief, pages 11 and 12). We disagree. The secondary frame 19               
          can appropriately be viewed as a carriage since it supports                 
          the drive motor at cylinder bore 59 and the cutter at grooves               
          48, 49.                                                                     
          We are not, however, in accord with the examiner’s assessment               
          (answer, page 4) that the cylinder 57 (or frame 11) reads on                
          the claimed carriage. The cylinder 57 is the cylindrical                    
          housing 57 of the drive motor. If this drive motor housing 57               
          were considered to be a carriage, as per the examiner’s view,               
          then the drive motor, also claimed, would have to be                        
          inappropriately read  on the same component. The examiner also              
          refers to the frame 11, i.e., the main frame, as the carriage.              
          However, the main frame is taught as a stationary component,                
          while appellants’ claimed                                                   


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